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Probation violation leads to Ayer man now facing firearms charges

PUBLISHED: | UPDATED:

By Lisa Redmond

MediaNews

AYER — A 28-year-old Ayer man wanted for nonpayment of child support found himself in more trouble when police found a loaded handgun in his car.

Brian K. Schmider, of 88 Pearl St., is scheduled for a probable-cause hearing on July 29 after he was arrested in April on charges of carrying a loaded firearm without a license, carrying a firearm as a convicted felon with two prior violent/drug crimes, possession of a firearm without a firearms identification card, and violation of an abuse-prevention order.

Schmider, who also has a pending assault-and-battery charge, is free on $2,500 cash bail.

According to court documents, on April 9 Ayer police saw a Middlesex Sheriff’s deputy parked outside the Schmider home with a warrant to arrest him on a probation violation for nonpayment of child support.

When he was stopped in his vehicle, police found a .38-caliber automatic pistol in the top center console of the vehicle. Also inside the vehicle were a dozen paper shooting targets.

Schmider admitted he bought the gun two weeks earlier for $500 in Lowell. The gun was not stolen, police said.

He allegedly told police he was suicidal and had taken the weapon to a grassy field off Route 111, put the gun to his head, but couldn’t pull the trigger.

He said he wrote a suicide note, which he left in his vehicle. No note was found.

Schmider said he just forgot the gun was in his vehicle.

Police later learned that that Schmider has a restraining order against him. On the order, he was told to surrender all firearms.

Defense attorney Scott Bratton described the facts in the police report as “embellished” and says he plans to file a motion to suppress the seizure of the gun. Schmider also disputes the allegations that he was suicidal and has no knowledge of how the paper targets were in his car, Bratton said.

According to court documents, Schmider has a 2002 conviction for assault and battery on a police officer and a 1998 conviction for assault and battery with a dangerous weapon (BB gun).

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